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Pocso act wrongly implicat fasle case of my brother...
30-Jul-2023 (In Criminal Law)
Sir my brother has been implicated in false pocso act...If the Sessions Judge does not follow section 36 of the POCSO Act,And he recognizes my brother by standing alone in front of the victim...What to do if you do not follow pocso act section 36? ??
Good evening I'm Advocate Vivek Mishra. Well according to your case you can go for Bail for that immediately through session court , if judge not follow then you can go for fair investigation. for further information kindly contact me thank you
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Adv. Vivek Mishra
Allahabad | 900+ Answers
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dear client aa per your query I can only say as per law a person who is standing aa per your query is equal responsible and is liable in crime but hass to be seen what allegations are made against him in FIR or in case diary prepared by the investigation officer for further information please contact us with relevant documents for paid consultation.
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Adv. Rahul Rathi
Allahabad | 700+ Answers
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It has to be seen in the Court proceedings that the main motive is to protect the interest of child. The court if has applied appropriate caution, then it would be appropriate. In anyway, the accused cannot plea for justice in a situation where he has no locus to stand. In simple way, accused cannot claim the right of the victim. It is however upon the judge and the prosecution too to ensure the applicability of section 36. If the complainant has a grievance to the procedural applicability of section 36 then it is the complainant who is entitled to enforce these right.
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Adv. Man Mohan Mishra
Allahabad | 25+ Answers
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